Hi Buddy,
Thanks for your thorough correction. I apologize to Tommie and other readers for my sweeping assumptions. My experience comes from Michigan and I think I have correctly explained how it works there. Otherwise, just a lot of reading on websites like this, so I need to be careful about some things (such as this topic) when posting. Thanks again.
Now, let me explore more about Texas regs.
- So it is possible to be in a drilling unit and not get any royalties?
- It is possible for a drilling unit to be formed around unleased land which could lock them out of any future opportunities?
- You mention the 40 ac DU for conventional drilling; seems everything I have read talks about the explosion in unconventional shale exploration, isn’t that the case in Texas?
- What size is a DU for unconventional drilling in Texas? I understand that it is typically 640 acres or even more, the way I interpret how Texas works, wouldn’t that leave a lot of mineral owners in the DU out of the royalty stream?
Might as well turn this post into a tutorial. Thanks.
Wilson
Buddy Cotten said:
Dear Wilson,
I must disagree on most levels and hate to come across as a pedagogue, but our law is one of a pendant and bad information is worse than none at all.
"Tommie, they need 100% of the drilling unit which may be 640 acres (they can either do voluntary leases or forced pooling to acquire 100%).
NOT ACCURATE
All states have regulations that prevent leasing the acreage and leaving a holdout in the middle of the DU that is unleased (doughnut hole they call it).
NOT ACCURATE
So suddenly all the acreage matters. So the well doesn’t have to be on your property or even within sight, but if you are part of the DU then you’ll be getting royalties if they ever successfully drill.
NOT ACCURATE, unless wellbore path cuts your minerals.
Tommy’s land is in Texas.
There are no regulations in Texas as to the creation of units with unleased doughnuts. Also, forced pooling in Texas is for all intents and purposes, non-existent. Typical drilling units in Texas are 40 acres for conventional drilling. Let us suppose that they formed the 40 acre DU with a 34 acre tract and a 6 acre tract. Assume that the wellbore is going to be on the 34 acre tract. They have 1/2 leased under the 6 acre tract. The open 1/2 under the 6 acre tract gets nothing unless he voluntarily pools his interest. AND the first operator to designate the 40 with the open 3 acres, assigns the open 3 acres to establish that the applicant has sufficient unassigned acreage to satisfy the density requirement. The designation of a drilling unit has no title significance;
Where it would really matter is where the wellbore path is located and if there is sufficient open acreage to allow competing operators to fit in a well of their own after production is established. This is true whether the wellbore path cuts an open tract through conventional or unconventional drilling.
Sadly, there is no equitable pooling in Texas.
In Texas, Wilson, you might want to read the following:
http://www.mineralrightsforum.com/profiles/blogs/the-basics-of-pooling-and
Best,
Buddy Cotten
Mineral Manager
Wilsontownship said:
Tommie, they need 100% of the drilling unit which may be 640 acres (they can either do voluntary leases or forced pooling to acquire 100%). All states have regulations that prevent leasing the acreage and leaving a holdout in the middle of the DU that is unleased (doughnut hole they call it). So suddenly all the acreage matters. So the well doesn’t have to be on your property or even within sight, but if you are part of the DU then you’ll be getting royalties if they ever successfully drill. so your share would be (with a 640 acre DU for example); 6/640 x whatever royalty share they offered you; say 15% = you’d have a .14% interest in the well’s production. now that doesn’t seem like much, but it adds up. someone will have to verify my assumptions and math here.
Tommie Blankenship said:
Thanks Wilson
Not even close to 20k - my offer is $150. I just couldn’t figure out why they even want my 6 acres. Looks like they would lease the big partials and say the hell with messing with these little pieces. It makes sense, if they need a certain percentage of the 640 to be able to drill.
Thanks again for your help